FACULTY OF LAW
Department of Public International Law and International Relations

By

Laurent OKITONEMBO WETSHONGUNDA
Graduate of Special Studies in International Public Law

Thesis presented and publicly defended with a view to obtaining the degree of Doctor of Law

Before the jury composed of:
Professor Ivon MINGASHANG, President
Professor Jean-Michel KUMBU KI NGIMBI, Secretary
Professor Emeritus Auguste MAMPUYA KANUNK'a -TSHIABO, Promoter
Professor Vincent KANGULUMBA MBAMBI, Full Member
Professor MUSAO KALOMBO MBUYU, Full Member
Professor Nicole NTUMBA BWATSHIA, Alternate Member
Professor DEKOSSAGO KP ALA WELE, Alternate Member

SUMMARY

The questions raised in this study are whether the State contract is really not susceptible to internationalization by means of general principles of law because of its supposed belonging to the reserved domain of the State; whether, in view of the increasing number of international investment treaties, legal stability could not ultimately be considered as an international custom; finally, in view of the opportunistic behavior of the State in matters of legal stability, whether public order always retains its absolute character. The result of our research demonstrates that the argument of the reserved domain of
the State insidiously refers to the principle of attachment of the State contract to national law, a concept that is already outdated, the theory of the domain reserved by nature being, to date, categorically rejected in international law. Moreover, despite their significant number, not all international investment agreements contain stabilization clauses and those that do provide for them are largely in the minority. As a result, the elevation of stabilization clauses to the rank of customary rules on the conventional basis has not yet been achieved. Finally, by virtue of the principle of State sovereignty, we note that, with regard to legal stability,
public order acquires a relative character.

ABSTRACT

The questions raised in this study are those of knowing whether really the state contract is not susceptible to internationalization by way of general principles of law because of its supposed membership
in the reserved do main of the state; if in view of the growing number of international investment treaties, legal stability could not ultimately be considered an international custom; finally, with regard to the opportunistic behavior of the State in matters of legal stability, if public order still retains its absolute character. The result of our research shows that the argument of the reserved domain of the State insidiously refers to the principle
of attachment of the State contract to national law, a conception already out of date, the theory of the reserved do main by nature being, to date, rejected categorically in international law.
Moreover, despite their large number, not a11 international investment agreements contain stabilization clauses and those which do so are largely in the minority. As a result, the elevation of stabilization clauses to the rank of customary rules on the conventional basis has not yet been achieved. Finally, by virtue of the principle of state sovereignty, we see that, with respect to legal stability, public order acquires a relative character.